[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4520]


[[Page Unknown]]

[Federal Register: March 1, 1994]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency

32 CFR Part 323

[Defense Logistics Agency Reg. 5400.21]

 

Privacy Program

AGENCY: Defense Logistics Agency, DOD.
ACTION: Final rule.

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SUMMARY: On January 19, 1994, (59 FR 2786) the Defense Logistics Agency 
published a proposed rule to exempt an existing system of records, 
S255.01 DLA-GC, entitled Fraud and Irregularities, from certain 
provisions of the Privacy Act of 1974. The exemptions are intended to 
increase the value of the system of records for law enforcement 
purposes, to comply with prohibitions against the disclosure of certain 
kinds of information, and to protect the privacy of individuals 
identified in the system of records. The notice was previously 
published on November 16, 1993, at 58 FR 60428.

EFFECTIVE DATE: February 19, 1994.

ADDRESSES: If you have any questions concerning this rule, address them 
to the Privacy Act Officer, Administrative Management Division, Office 
of Planning and Resource Management, Defense Logistics Agency 
Administrative Support Center, Room 5A120, Cameron Station, Alexandria, 
VA 22304-6100.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 617-7583.

SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director, 
Administration and Management, Office of the Secretary of Defense has 
determined that this Privacy Act rule for the Department of Defense 
does not constitute `significant regulatory action'. Analysis of the 
rule indicates that it does not have an annual effect on the economy of 
$100 million or more; does not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
does not materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; does not raise novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in Executive Order 12866 (1993).

Regulatory Flexibility Act of 1980. The Director, Administration and 
Management, Office of the Secretary of Defense certifies that this 
Privacy Act rule for the Department of Defense does not have 
significant economic impact on a substantial number of small entities 
because it is concerned only with the administration of Privacy Act 
systems of records within the Department of Defense.

Paperwork Reduction Act. The Director, Administration and Management, 
Office of the Secretary of Defense certifies that this Privacy Act rule 
for the Department of Defense imposes no information requirements 
beyond the Department of Defense and that the information collected 
within the Department of Defense is necessary and consistent with 5 
U.S.C. 552a, known as the Privacy Act of 1974.

    This final rule adds two exemptions to an existing DLA system of 
records. DLA performs as one of its principal functions investigations 
into and enforcement actions concerned with violations of civil and 
administrative law, fraud, or antitrust rules relating to DLA 
procurement, property disposal, contract administration, or other DLA 
activities. The (k)(2) and (k)(5) exemptions reflects recognition that 
certain records in the system may be deemed to require protection from 
disclosure in order to protect confidential sources mentioned in the 
files and avoid compromising, impeding, or interfering with 
investigative and enforcement proceedings. The Director, DLA has 
adopted the exemptions for the above reasons.

List of subjects in 32 CFR part 323

    Privacy.

    Accordingly, the Defense Logistics Agency amends 32 CFR part 323 as 
follows:
    1. The authority citation for 32 CFR part 323 continues to read as 
follows:
    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).

    2. Appendix H to Part 323 is amended by adding paragraph c.
    Appendix H to Part 323-DLA Exemption Rules
* * * * *
    c. ID: S100.50 DLA-GC (Specific exemption).

    1. System name: Fraud and Irregularities.

    2. Exemption: This system of records is exempt from the provisions 
of 5 U.S.C. 552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G), (H), and 
(I), and (f).
    3. Authorities: 5 U.S.C. 552a(k)(2) and (k)(5).
    4. Reasons: From subsection (c)(3) because granting access to the 
accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutive interest by DLA or other agencies. 
This could seriously compromise case preparation by prematurely 
revealing its existence and nature; compromise or interfere with 
witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    From subsections (d)(1) through (d)(4) and (f) because providing 
access to records of a civil investigation and the right to contest the 
contents of those records and force changes to be made to the 
information contained therein would seriously interfere with and thwart 
the orderly and unbiased conduct of the investigation and impede case 
preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; and result in the secreting of or other 
disposition of assets that would make them difficult or impossible to 
reach in order to satisfy any Government claim growing out of the 
investigation or proceeding.
    From subsection (e)(1) because it is not always possible to detect 
the relevance or necessity of each piece of information in the early 
stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    From subsections (e)(4)(G) and (H) because there is no necessity 
for such publication since the system of records will be exempt from 
the underlying duties to provide notification about and access to 
information in the system and to make amendments to and corrections of 
the information in the system.
    From subsection (e)(4)(I) because to the extent that this provision 
is construed to require more detailed disclosure than the broad, 
generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. DLA will, nevertheless, 
continue to publish such a notice in broad generic terms as is its 
current practice.

    Dated: February 22, 1994.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 94-4520 Filed 2-28-94; 8:45 am]
BILLING CODE 5000-04-F